- Introduction and definitions
1.1 These General Conditions of Sale (hereinafter “GCS”) regulate the methods and terms with which Skin System Srl – Via G. Montanelli, 41/43 – 61122 Pesaro (PU) – R.E.A. 125274 – Tax Code / VAT number 01355800416 -, email: firstname.lastname@example.org (from now on only “Skin System Srl”), sells its products through the e-commerce portal “www.skinsystem.it” (hereinafter “site”) and regulate the purchase, through telematic methods, of such products.
1.2 These general conditions have been drawn up and prepared in compliance with the provisions of the law on electronic commerce, and in particular with the Italian Legislative Decree no. 70 of 9 April 2003 and subsequent amendments.
1.3 With reference to the contracts stipulated with consumers, these will benefit from the protections provided in the event of the conclusion of distance contracts pursuant to Part III, Title III, Chapter I, Section II, of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), as well as all the additional guarantees mandatorily provided, in favour of consumers, by the Consumer Code and any other applicable law.
1.4 These conditions of sale are general in scope; constitute an integral and essential part of the purchase contract for any product and the forwarding of an order presupposes and implies the full reading and acceptance by the customer.
1.5 For the purposes of a better understanding of the conditions of sale, the following definitions apply:
- consumer: any natural person who makes a purchase order for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
- professional: any natural or legal person who places a purchase order in the exercise of their business, commercial, craft or professional activity;
- customer: the person (consumer or professional) who makes the purchase from the website www.skinsystem.it;
- site: the set of web pages accessible via the url www.skinsystem.it;
- seller: the company Skin System S.r.l., provider of the electronic commerce service, through the website www.skinsystem.it;
- purchase order: proposal regarding the purchase of one or more products, formulated by the customer towards the seller;
- online sales contract: any sales contract relating to the products presented on the site by the seller, stipulated between them and the customer in the context of a remote sales system organized through telematic tools, concluded in the manner provided for in the following articles, with specification pursuant to art. 12 Legislative Decree no. 70 / 2003 and subsequent amendments of the various technical phases to be followed for the conclusion of the contract, of the way in which the concluded contract will be filed and of the relative access methods, of the technical means made available to the customer to identify and correct the errors in entering data before forwarding the order, as well as other information required by the aforementioned provision.
- Acceptance of the general conditions of sale
2.1 The general contract conditions are an integral part of every sales contract.
2.2 The customer, by proceeding with the purchase, expressly declares that he has read and accepts the contents of the general conditions, together with the information provided during the purchase procedure.
- Conclusion of the sales contract
3.1 To make purchases on the website www.skinsystem.it it is not necessary to register, therefore the customer can proceed with the purchase order without carrying out the basic registration (which is free).
3.2 The products covered by these general conditions are described, pursuant to art. 6 Legislative Decree no. 206/2005, in the relevant section of the site (“Description” section). The presentation of the products on the site is aimed at customers so that they formulate a purchase proposal towards the seller; this presentation does not have the nature of a binding offer to the public pursuant to art. 1336 of the Civil Code, remaining in the full discretion of the seller any decision regarding the acceptance of the proposals made.
3.3 To proceed with the purchase, the customer can select one or more products by inserting them in a virtual “cart” (by clicking on the “add to cart” icon) of which he can always view the contents in the appropriate “view cart” section, with specific indication of the total price and quantity, before proceeding with the order (“proceed with the order”). The total amount indicated represents the total cost of the products included in the “cart”, VAT included, and excluding shipping costs where applicable which will be indicated separately.
3.4 At any time before placing the order, the customer can, by returning to the “cart”, exclude the previously selected products by clicking on the x present next to them or add more.
3.5 Once the products they intend to purchase have been selected and placed in the cart, the customer can proceed by clicking on the “proceed with the order” icon.
3.6 The customer, if not registered, will be asked to enter the data for the header and issue of the accounting document; the customer must then enter their personal details or company name, tax code (and VAT number) and billing address in the respective fields. The customer will then be asked to select the chosen shipping method (with specific indication, for each, of the relative cost).
3.7 At the end of this phase, the customer can choose the payment method among those indicated. If the billing address is different from the shipping address, click on the link “Ship to a different address?” which will open the fields to fill with the data relating to the delivery
3.8 Once the order has been placed in accordance with the provisions of point 3.10 below, it will no longer be possible to modify it.
3.9 To proceed with the order, the customer is required to declare, by affixing a flag in the box provided, “I have read and accept the terms and conditions of the website”, by clicking on the indication “terms and conditions” a window will open containing these general conditions of sale.
3.10 By clicking on the “place order” button at the end of the procedure started, the customer will proceed to forward the order. Any order forwarded according to these methods must be considered, to all intents and purposes, as a contractual proposal by the customer. The forwarding of the order implies the assumption of the payment obligation.
3.11 When the customer places the order, an e-mail will follow (sent to the e-mail account indicated by the customer) with which the seller notifies the receipt of the purchase proposal. This email, which contains the summary of the order placed, does not constitute acceptance of the contractual proposal, an acceptance that will be communicated with a subsequent email containing the “order confirmation” in accordance with the provisions of point 3.12.
3.12 Once verified the availability of the products ordered, the customer will receive an e-mail confirming the order, which constitutes acceptance of the contractual proposal. From this moment it will no longer be possible to change the order placed, not even with reference to the delivery address of the goods.
3.13 The contract will be considered concluded and therefore the order accepted when the customer receives notice of the acceptance of his purchase proposal by the seller and therefore with the receipt of the e-mail confirming and accepting the order, as provided for in point 3.12 above.
3.14 The seller has the right to accept or not the orders received. In the event of non-acceptance, the customer will not be able to advance any rights or claims, except, in the case of simultaneous payment, the refund of the sums.
3.15 In the case of non-contextual payment, if the payment of the products does not take place within the prescribed period (5 working days from the order placement), the sales contract must be considered terminated and ineffective.
3.16 At the time of shipment, the customer will receive an additional e-mail with the courier’s link in order to track the package.
- Price and shipping costs
4.1 The prices of the products published in the various sections of the site do not include VAT unless otherwise indicated nor any taxes, duties and taxes applicable in the country of destination of the products, where this is different from Italy, which will be charged to the customer.
4.2 All prices, the amount of VAT, shipping costs and any additional charges, where applicable, are indicated in the purchase procedure and clearly specified in the summary sheet “Your order”, as well as in the subsequent confirmation of receipt email order and acceptance thereof.
4.3 The seller reserves the right to change the prices of the products listed on the site at any time; any changes to prices will not, however, be effective for customers who have already forwarded an order.
- Terms of payment
5.1. For each order, the customer will pay the price of the ordered products in full – indicated in detail with a distinction between price, VAT (where applicable) and shipping or ancillary costs – by choosing the payment method as part of the purchase procedure and more precisely in the “Payment method “. It is understood that, in the event of non-acceptance of the order by the seller, the latter will promptly reimburse customers for any amounts already paid.
5.2 Payment can be made via:
- Bank transfer in advance to the following IBAN: IT 74 U 08826 13300 000000062491, BIC: ICRAITRRMY0 – Banca di Pesaro Credito Cooperativo Soc. Coop. A.R.L, indicating the order number in the reason for payment. In this case, the transfer must be credited within five working days of placing the order; otherwise, the sales contract must be considered terminated and ineffective;
- Through accepted credit cards (Visa, MasterCard, American Express, Discover, as well as alternative payment methods such as Apple Pay and Google Pay); Skin System S.r.l. uses the Stripe platform, which securely stores customer data, for the management and security of credit cards. The service allows you to avoid re-entering your credit card data every time you make a purchase; access to the service is done by selecting the “Save Card” item;
- Through the protected “PayPal” system and, consequently, through the international circuits recognized by said platform.
- Through payment in instalments through the ScalaPay platform, without prejudice to the creditworthiness recognized by the same
5.3 The customer will be required to indicate, exclusively among those proposed, the payment method he intends to use.
5.4 The invoice will be issued in electronic format; (“Purchase invoice” or “accompanying invoice” or “Advance invoice” + “Accompanying purchase invoice” depending on the payment methods). A courtesy copy of the “Accompanying purchase invoice” will be attached to the package containing the product shipped to the customer.
5.5 Any reimbursement to the customer (even in the event of non-execution of the order due to the unavailability, even temporary, of the requested product), will be credited, in the event of a contract concluded with the consumer, using the same means of payment used by the customer for the payment, unless it has been expressly agreed otherwise with the consumer and on condition that he does not have to incur any costs as a consequence of the reimbursement.
5.6 In the event of a contract concluded with a professional, the refund will be made through one of the methods proposed by the seller and accepted by the customer, in a timely manner.
5.7 In case of exercise of the right of withdrawal by the consumer, as governed by art. 9 of these General Conditions, the seller will credit the reimbursement, minus the delivery costs, according to the procedures set out in paragraph 5.5, without undue delay and in any case within fourteen days from the day on which he is informed of the consumer’s decision to withdraw from the contract.
5.8 In the event of withdrawal, the seller will not be required to reimburse the additional costs, if the consumer has expressly chosen a different and more expensive type of delivery than the standard one proposed by the seller.
5.9 The seller reserves the right to withhold the refund until it has received the products in their original packaging and have checked their integrity.
- Product delivery times and methods
6.1 The seller will deliver the selected and ordered products with the shipping methods selected in the purchase order, to the address indicated by the customer.
6.2 In the event of a contract concluded with a consumer, the products will be delivered at the latest within thirty days from the date of conclusion of the contract, unless otherwise agreed by the parties in the confirmation e-mail and acceptance of the order.
6.3 The delivery is subject to payment by the customer of the price of the products and services connected with the shipment.
6.4 Upon delivery of the products, the customer is required to check that the number of packages delivered corresponds to what is indicated in the accompanying invoice / receipt and that the packaging of the products is intact, not damaged or altered. Once the courier’s transport document has been signed, the customer will no longer be able to make any objection to the quantity and packaging of what has been received. The customer can sign the transport document “with reservation” if the package is damaged or there is no correspondence between the number of packages indicated in the waybill and the one to be delivered.
7.1. The seller assumes no responsibility for inefficiencies or failure or delay in delivery, attributable to unforeseeable circumstances or due to force majeure, such as by way of example but not limited to strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, epidemics, fires. floods, inundations, damage to industrial machinery not dependent on the seller and any other event not foreseen in this document that occurs for reasons not attributable to the seller.
7.2 The seller cannot be held liable to the customer for disservices or malfunctions related to the use of the internet outside of its control.
7.3 The perishing of the thing for a cause not attributable to the seller does not release the professional from the obligation to perform the consideration, even if the thing has not been delivered to him.
7.4 In the event of a contract concluded with a consumer, the risk of loss or damage to the goods, for reasons not attributable to the seller, is transferred to the consumer only when the latter physically comes into possession of the goods.
7.5 The seller assumes no responsibility for any fraudulent or illegal use that may be made, by third parties, of credit cards and other means of payment used by the customer for the payment of the price of the products purchased, of the costs of transport and any additional charges
7.6 The seller will not be liable in the event of delays in deliveries of products due to periods of closure for holidays or unforeseeable circumstances or force majeure
.8. Product guarantee and safety
8.1 For purchases made by the consumer, the provisions of the law on warranty apply, including, if applicable, the provisions of the Consumer Code.
8.2 The seller is obliged to deliver goods that comply with the sales contract according to the parameters set out in art. 129 paragraph 2 of the Consumer Code.
8.3 In the event of a lack of conformity, the consumer, within the limitation period of two months from the discovery of the fault or defect in the product, may contact the seller and request the restoration, without charge, of the conformity of the goods by repairing or replacing the product.
8.4 The choice between repair and replacement remains available to the consumer, except in the event that the chosen remedy is objectively impossible or excessively burdensome compared to the other.
8.5 The repair or replacement of the product will be carried out within a reasonable time from receipt of the request.
8.6 In the event that the repair or replacement is impossible or excessively burdensome or has not occurred within a reasonable time or has caused significant inconvenience to the consumer, the latter may request an appropriate price reduction or termination of the contract at his choice.
8.7 The termination of the contract for minor defects, with respect to which it has not been possible or is excessively burdensome, to proceed with the repair or replacement will not be allowed.
8.8 The seller is responsible pursuant to art. 130 of the Consumer Code, when the lack of conformity occurs within two years from the delivery of the goods.
8.9 Pursuant to art. 114 of the Consumer Code, in the event of damage caused by defects in the goods sold, the injured party must submit a written request to the seller to communicate the name of the producer, in addition to the indication of the product that caused the damage, place and date of the ‘purchase. Within three months of the request, the seller will communicate the identity and address of the manufacturer or the person who supplied him with the goods.
8.10 The preceding paragraphs will not apply in the event of defects found in products purchased by professional customers, with respect to which the company, subject to the mandatory limits of the law, does not issue any further guarantee.
8.11 In any case, the use of the product that does not conform to that of the product and the instructions and / or warnings provided by the seller and / or manufacturer of the Product is not covered by the warranty.
8.12 Any report of a lack of conformity of the product must be presented together with the proof of purchase of the product from the seller (tax document or receipt of payment).
8.13 The seller declares, in accordance with the provisions of Regulation no. 178/2002 / EC to have a system of traceability of the supply chain that allows to identify each product based on the production batch.
- Consumer right of withdrawal
9.1 The consumer can in any case withdraw from the sales contract, without giving any reasons and without incurring any increase in costs, within fourteen days from the time of delivery of the products.
9.2 If the consumer chooses to exercise the right of withdrawal, he will promptly notify the seller of his decision by e-mail at: email@example.com.
9.3 In case of communication of the withdrawal by e-mail, the seller will immediately send the consumer a confirmation of receipt of the withdrawal exercised.
9.4 The deadline for exercising the right of withdrawal is considered respected if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the withdrawal period has expired.
9.5 The consumer is obliged to return the products to the seller, without undue delay and in any case within fourteen days from the date on which he communicated his decision to withdraw from the contract.
9.6 The deadline is met if the consumer returns the goods (delivery to the post office or to the forwarder) before the expiry of the fourteen-day period.
9.7 The products must be in the same state in which they were delivered and keep their original packaging and label. The right of withdrawal applies only to goods intact at the time of return and cannot be exercised for products made to measure or clearly personalized, for opening goods that risk deteriorating or expiring rapidly.
9.8 The seller, having ascertained that the conditions referred to in the previous point 9.7 are met, will refund the amount paid, withholding the shipping costs.
9.9 The costs of returning the product are charged to the consumer.
9.10 With regard to the methods of reimbursement of payments received from the consumer, please refer to the provisions of art. 5 of these general conditions of sale.
9.11 With reference to the hypotheses of exclusion of the exercise of the right of withdrawal, art. 59 of Legislative Decree no. 206/2005, in particular with reference to letters d) and e).
- Treatment of personal data
10.1 The seller (as Data Controller) informs the buyer (as an interested party), pursuant to art. 13 of Regulation (EU) 2016/679, that the personal data provided by the buyer or otherwise acquired as part of the seller’s activity, may be processed, in compliance with the aforementioned legislation.
10.2 Personal data will be processed by the seller electronically in compliance with the utmost confidentiality and will be used only for the execution of the contract and for the management of the purchase order of the products.
10.3 The communication of personal data is mandatory for the purpose of supplying the goods and failure to communicate them will prevent the conclusion and execution of the contract.
10.4 No data processing other than that necessary for the execution of the supply can be carried out without the express consent of the buyer.
10.5 Pursuant to art. 15-21 of Regulation (EU) 2016/679, the buyer, interested in the confidentiality and protection of his personal data, enjoys the following rights:
- access to data, i.e., the right to see or view personal data with an indication of the purposes and methods of the processing, as well as to request copies of the data;
- rectification of data in the event that the interested party considers that such personal data are not up-to-date, accurate or inaccurate, and subsequent updating, or, when interested, integration of data, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed;
- cancellation or right to be forgotten;
- limitation of processing, i.e., the possibility of opposing a decision based on automated processing;
- portability of personal data which gives the interested party the opportunity to request the transfer of their personal data
- opposition to the processing, in whole or in part, for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection, to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
10.6 Furthermore, pursuant to art. 19 of Regulation (EU) 2016/679, the data controller communicates to each of the recipients to whom the personal data have been transmitted any corrections or cancellations or limitations of the processing carried out pursuant to article 16, article 17, paragraph 1, and of the art. 18, unless this proves impossible or involves a disproportionate effort. The data controller communicates these recipients to the interested party if the interested party requests it.
- Communications and complaints
11.1 In compliance with the provisions of art. 7 paragraph 1 letter. c) Legislative Decree no. 70/2003, for any problem, complaint or information on the purchase of products or on the order placed, the customer can contact the seller using the form at the link “customer support” or at the postal address Via Montanelli n. 41/43, 61122 Pesaro.
11.2 If the customer decides not to make use of the “customer support” all rights and faculties recognized by law remain in any case without prejudice to and without prejudice to all rights and faculties recognized by law.
- Settlement of disputes
12.1 For all disputes arising from this contract, which are not resolved out of court, the territorially competent forum in an exclusive and mandatory way is that of Pesaro.
12.2 In the event of a contract concluded with a consumer, the territorial jurisdiction is that of the consumer’s place of residence or domicile of choice.